A Texas man has filed a lawsuit against his former employer, claiming that it violated the Fair Labor Standards Act by failing to pay him overtime wages. The suit was filed in the Sherman Division of the Eastern District of Texas on Aug. 2.
The complaint, which names One Source GP LLC and two individuals as defendants, alleges the plaintiff consistently worked 40 or more hours per week without being paid overtime wages between Feb. 1, 2010, and June 17, 2016. The suit also contends the plaintiff was regularly required to answer after-hours calls and messages from supervisors and drivers and perform other work-related tasks while off the clock. According to the court filing, the plaintiff claims the defendants did not pay him one and a half times his regular wage for overtime hours, which is a violation of the FLSA.
The plaintiff has requested a trial by jury, unpaid back pay and liquidated damages. He also seeks costs of action, attorney fees, pre-judgment and post-judgment interest and all other relief as is deemed necessary.
Minimum wage and overtime practices are set by the federal Fair Labor Standards Act. Texas employees who believe they are victims of wage theft may benefit by speaking to an employment attorney about their legal rights. Examples of wage theft include the failure to pay overtime, employee misclassification, illegal pay deductions and others. After reviewing the case, an attorney may recommend filing a lawsuit against an employer for violations of the FLSA. A successful suit could bring an employee unpaid back wages and other damages.
Source: SE Texas Record, "Worker accuses former employers of unpaid overtime wages", Philip Gonzales, Aug. 18, 2016